Keldrick Taylor v. State of Tennessee
CourtCourt of Criminal Appeals of Tennessee
Date FiledSeptember 23, 2026
DocketW2025-01087-CCA-R3-PC
JudgeJudge Timothy L. Easter
StatusPublished
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Full Opinion
09/23/2026
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
Assigned on Briefs July 9, 2026
KELDRICK TAYLOR v. STATE OF TENNESSEE
Appeal from the Criminal Court for Shelby County
No. 20-00965 Paula L. Skahan, Judge
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No. W2025-01087-CCA-R3-PC
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Keldrick Taylor, Petitioner, appeals after the post-conviction court denied relief based on
ineffective assistance of counsel. Because Petitioner’s failed to prove his allegations by
clear and convincing evidence, we affirm the post-conviction court’s judgment.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
TIMOTHY L. EASTER, J., delivered the opinion of the court, in which ROBERT W.
WEDEMEYER, P.J., and MATTHEW J. WILSON, J., joined.
Ernest J. Beasley, (on appeal) and C. Alex Jones (at hearing), Memphis, Tennessee, for the
appellant, Keldrick Taylor.
Jonathan Skrmetti, Attorney General and Reporter; Elizabeth Evan, Assistant Attorney
General; Steven J. Mulroy, District Attorney General; and Atine Stavropoulos, Assistant
District Attorney General, for the appellee, State of Tennessee.
OPINION ON REHEARING
On June 21, 2021, Petitioner pled guilty to three counts of aggravated robbery and
received a sentence of thirteen and one-half years, as a Range II offender. He filed a timely
pro se petition in which he claimed trial counsel was ineffective. Counsel was appointed
and an amended, albeit unverified petition was filed. After a bifurcated hearing, at which
Petitioner testified that trial counsel was ineffective for failing to properly prepare for trial
or inform him about his case, the post-conviction court denied relief. Petitioner appealed.
On appeal, the State asserted that the appeal should be dismissed due to inadequate
briefing. Specifically, this Court noted that counsel filed a brief that was virtually identical
to briefs filed in several other cases. Initially, we agreed that the issue raised by Petitioner
was waived due to inadequate briefing and affirmed the judgment of the post-conviction
court. See Taylor v. State, No. W2025-01087-CCA-R3-PC, 2026 WL 2280855 (Tenn.
Crim. App. Aug. 7, 2026), reh’g granted (Aug. 19, 2026).
After the issuance of this Court’s opinion, Petitioner filed a petition to rehear, asking
this Court for an opportunity to rebrief the case. This Court granted the petition to rehear
on August 17, 2026, and counsel filed a new brief with this Court. We will now consider
the issue raised by Petitioner. The previous opinion is now vacated.
Guilty Plea Hearing
Petitioner pled guilty in June of 2021 to three counts of aggravated robbery as a
Range II offender, with an effective sentence of thirteen and one-half years at 85% service.
The remaining counts were dismissed. At the guilty plea hearing, counsel for the State
explained the factual basis for the plea. The State indicated that the proof at trial would
show that Petitioner entered Upgrade Auto Sales in Memphis on January 17, 2020, at
approximately 2:20 p.m., armed with multiple firearms. Petitioner pointed guns at three
people and demanded their belongings. The victims complied. Petitioner left and was hit
by a car nearby. All three victims identified Petitioner as the perpetrator.
At the hearing, Petitioner identified himself, told the trial court he completed high
school, and acknowledged that trial counsel reviewed his rights. The trial court conducted
a plea colloquy, making sure Petitioner understood his right to a jury trial, the right to have
counsel cross-examine the State’s witnesses, and the right to present witnesses in his own
behalf. Petitioner acknowledged that he could choose to testify or remain silent at trial and
that the jury could not hold that against him. Petitioner affirmatively acknowledged his
understanding and waived his right to trial.
The trial court explained Petitioner’s potential sentences if he rejected the plea
agreement and instead was convicted at trial. Based on prior convictions alone, Petitioner
would have faced a potential sentence of twenty to thirty years at 100% for aggravated
robbery. Petitioner indicated he understood his guilty pleas would constitute felony
convictions, would appear on his record, and could potentially enhance any future
sentences. Petitioner also indicated that he understood by pleading guilty he was waiving
his right to appeal. The trial court noted that both Petitioner’s mother and sister spoke with
him and indicated their agreement with the plea, but Petitioner stated he personally made
the decision to plead guilty. Petitioner testified he was satisfied with his representation.
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The trial court found Petitioner entered the pleas knowingly, freely, voluntarily, and
intelligently.
Post-conviction Hearing
The post-conviction court held a bifurcated hearing on the petition. Petitioner
testified that trial counsel did not discuss witness statements with him. In fact, Petitioner
claimed trial counsel never met with him and that he only saw discovery materials after he
pled guilty. Petitioner complained that trial counsel did not investigate Eric Moon, the
witness at the preliminary hearing. Petitioner insisted that Mr. Moon tried to “commit” a
crime again him, “not the other way around.” Petitioner also took issue with a statement
by Murry Williams that was included in discovery.
Petitioner complained that trial counsel did not hire an investigator. Petitioner also
complained about the way trial counsel handled plea negotiations. Petitioner stated it was
explained to him as “[t]hirteen point five years or go to trial.” Petitioner testified that the
discovery materials showed that the State offered twelve years. Petitioner also claimed
that he lied when he said he was not pressured to accept the plea agreement.
At the second hearing related to the post-conviction petition, trial counsel testified
that she had been a criminal defense attorney for thirty years. She acknowledged that she
“argued a lot” with Petitioner. She explained the “big problem” with Petitioner’s case was
that the robbery was on video. Trial counsel testified that she “sent out the investigator to
talk to the three victims” in the case. Trial counsel made this decision based on
conversations she had with Petitioner.
Trial counsel “talked to a David Boller, who apparently had shown up on the lot
when things were happening.” Mr. Boller witnessed the robbery and saw Petitioner with
the victims “laid out on the ground.” Mr. Boller said Petitioner pointed a gun at him and
told him “the lot’s closed. Get your ass off the lot.” Mr. Boller told trial counsel that when
Petitioner threatened him, he left the lot and called 911.
Trial counsel talked to two of the victims and found their potential testimony
damaging to Petitioner. Trial counsel testified she discussed all the witness statements and
discovery with Petitioner. Trial counsel met with Petitioner “mostly to tell him that he
needed to plead” because even if they were able to convince a jury that Petitioner did not
rob anyone and that “somehow that money belonged to him and there was some kind of
drug deal gone bad,” the video still showed Petitioner had two guns.
Trial counsel explained that there are “just some clients who don’t want to face the
reality of the situation. And he had a really good offer.” Trial counsel explained that the
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State first offered Petitioner a twelve-year sentence with 100% service. The State
rescinded this offer once the case was set for trial. On the morning of trial, the State offered
Petitioner a fifteen-year sentence. Trial counsel explained that she negotiated this down to
thirteen and one-half years. Trial counsel explained to Petitioner’s mother that he was
facing a lengthy sentence. His mother came to the courthouse and asked Petitioner to
accept the plea agreement.
The post-conviction court denied relief in a written order finding that trial counsel’s
performance was not deficient based on her “thorough investigation” which included
interviews of “all key witnesses.” The post-conviction court noted trial counsel “conducted
a comprehensive review of the evidence” and “developed case-specific strategies aimed at
securing the most favorable outcome possible, namely, the most favorable plea deal
achievable under the circumstances.” The post-conviction court found Petitioner’s delay
caused the withdrawal of the first and best plea offer, but that trial counsel “continued to
advocate diligently” for Petitioner and “ultimately secured a subsequent plea agreement”
while simultaneously being “fully prepared to go to trial.” The post-conviction court found
no prejudice to Petitioner, noting the “strength and sheer volume of evidence presented
against Petitioner” that “overwhelmingly support[ed] the conclusion that a conviction –
and likely a sentence exceeding the terms of the negotiated plea – would have resulted had
the matter proceeded to trial.”
Analysis
Petitioner argues on appeal that trial counsel was ineffective, causing Petitioner to
enter an unknowing and involuntary guilty plea. Specifically, Petitioner argues that he
testified counsel did not visit him in custody, did not discuss the case with him, did not
give him discovery materials, and did not use an investigator. Moreover, Petitioner insists
that if the post-conviction court accredited his testimony, it was required to find he was
prejudiced and received ineffective assistance of counsel. The State responds that
“[b]ecause [Petitioner’s] argument turns on the implicit credibility finding by the post-
conviction court, this Court should decline to reweigh the witnesses’ credibility and affirm
the judgment.”
In order to prevail on a petition for post-conviction relief, a petitioner must prove
all factual allegations by clear and convincing evidence. Jaco v. State, 120 S.W.3d 828,
830 (Tenn. 2003). Post-conviction relief cases often present mixed questions of law and
fact. See Fields v. State, 40 S.W.3d 450, 458 (Tenn. 2001). As such, we review a post-
conviction court’s findings of fact under a de novo standard with a presumption that those
findings are correct unless otherwise proven by a preponderance of the evidence. Id. (citing
Tenn. R. App. P. 13(d); Henley v. State, 960 S.W.2d 572,578 (Tenn. 1997)). The post-
conviction court’s conclusions of law and application of the law to factual findings are
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reviewed de novo with no presumption of correctness. Kendrick v. State, 454 S.W.3d 450,
457 (Tenn. 2015).
When reviewing the post-conviction court’s findings of fact, this Court does not
reweigh the evidence or “substitute [its] own inferences for those drawn by the [post-
conviction] court.” Fields, 40 S.W.3d at 456. Additionally, “questions concerning the
credibility of the witnesses, the weight and value to be given their testimony, and the factual
issues raised by the evidence are to be resolved by the [post-conviction court].” Id. (citing
Henley, 960 S.W.2d at 579); see also Kendrick, 454 S.W.3d at 457.
The right to effective assistance of counsel is safeguarded by the constitutions of
both the United States and the State of Tennessee. U.S. Const. amend. VI; Tenn. Const.
art. I, § 9. When a petitioner seeks post-conviction relief on the basis of ineffective
assistance of counsel, “the petitioner bears the burden of proving both that counsel’s
performance was deficient and that the deficiency prejudiced the defense.” Goad v. State,
938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668, 687
(1984)). To establish deficient performance, the petitioner must show that counsel’s
performance was below “the range of competence demanded of attorneys in criminal
cases.” Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975). To establish prejudice, the
petitioner must show that “there is a reasonable probability that, but for counsel’s
unprofessional errors, the result of the proceeding would have been different. A reasonable
probability is a probability sufficient to undermine confidence in the outcome.” Strickland,
466 U.S. at 694. Further,
[b]ecause a petitioner must establish both prongs of the test, a failure to prove
either deficiency or prejudice provides a sufficient basis to deny relief on the
ineffective assistance claim. Indeed, a court need not address the
components in any particular order or even address both if the [petitioner]
makes an insufficient showing of one component.
Goad, 938 S.W.2d at 370 (citing Strickland, 466 U.S. at 697). Additionally, a review of
counsel’s performance “requires that every effort be made to eliminate the distorting
effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and
to evaluate the conduct from counsel’s perspective at the time.” Strickland, 466 U.S. at
689; see also Henley v. State, 960 S.W.2d 572, 579 (Tenn. 1997). We will not second-
guess a reasonable trial strategy, and we will not grant relief based on a sound, yet
ultimately unsuccessful, tactical decision. Granderson v. State, 197 S.W.3d 782, 790
(Tenn. Crim. App. 2006).
Regarding the second Strickland prong, trial counsel’s deficient performance in a
guilty plea will be found to have prejudiced the defendant only if “there is a reasonable
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probability that, but for counsel’s errors, [the petitioner] would not have pleaded guilty and
would have insisted on going to trial.” Calvert v. State, 342 S.W.3d 477, 486 (Tenn. 2011)
(quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). Further, once a defendant enters a
guilty plea, the effectiveness of counsel is only relevant to the extent that it affects the
voluntariness of the plea. Hill, 474 U.S. at 56 (1985).
In order for a guilty plea to be valid, it must be made “knowingly, voluntarily, and
intelligently.” Ward v. State, 315 S.W.3d 461, 465 (Tenn. 2010) (citations omitted). “[A]
plea is not ‘voluntary’ if it is the product of ‘[i]gnorance, incomprehension, coercion, terror,
inducements, [or] subtle or blatant threats.’” Blankenship v. State, 858 S.W.2d 897, 904
(Tenn. 1993) (quoting Boykin v. Alabama, 395 U.S. 238, 242-43 (1969)). “[T]he standard
of inquiry is whether the plea represents a voluntary and intelligent choice among the
alternative courses of action open to the defendant.” Ward, 315 S.W.3d at 465 (citation
and internal quotation marks omitted).
Here, the post-conviction court accredited the testimony of trial counsel. Trial
counsel testified that she met with Petitioner, communicated the plea offer to him, provided
him with discovery materials, interviewed witnesses, and prepared for the case to go to
trial. Specifically, she noted that the entire incident was captured on video.
We will not revisit the credibility determinations made by the post-conviction court.
Petitioner is not entitled to relief. Accordingly, the judgment of the post-conviction court
is affirmed.
Conclusion
This Court’s previous opinion filed Aug. 7, 2026 (Taylor v. State, No. W2025-
01087-CCA-R3-PC, 2026 WL 2280855) is vacated. For the foregoing reasons, the
judgment of the post-conviction court is affirmed.
S/Timothy L. Easter
TIMOTHY L. EASTER, JUDGE
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